brevets or com those of the regi they serve, may according to the ART. 61. Officers having brevets or commissions Officers having of a prior date to those of the regiment in which they missions of a serve, may take place in courts-martial and on detach- prior date to ments, when composed of different corps, according to ment in which the ranks given them in their brevets, or dates of their take place &e. former commissions; but in the regiment, troop, or ranks given company, to which such officers belong, they shall do them, &c. duty and take rank, both in courts-martial and on detachments, which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps. es. &e different eer highest in mand, unless, &c. assume, nor be ART. 62. If, upon marches, guards, or in quarters, If, upon marchdifferent corps of the army shall happen to join, or do corps happen to duty together, the officer highest in rank of the line of Jo, &c. the offithe army, marine corps, or militia, by commission there, rank, &e to comon duty, or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the president of the United States, according to the nature of the case. ART. 63. The functions of the engineers being ge- Engineers not to nerally confined to the most elevated branch of military science, they are not to assume, nor are they subject to be ordered on, any duty beyond the line of their immediate profession, except by the special order of the president of the United States; but they are to receive every mark of respect to which their rank in the army may entitle them, respectively, and are liable to be transferred, at the discretion of the president, from one corps to another, regard being paid to rank. subject to, any line of their im duty beyond the mediate profes sion, except, &c. General courts mardal may con sist of any non ber of commis from 5 to 13, &e ART. 64. General courts-martial may consist of any number of commissioned officers, from five to thirteen, sioned officers, inclusively; but they shall not consist of less than thirteen, where that number can be convened, without manifest injury to the service. General officers, or colonels, com may appoint ge martial, &c. But No sentence of a court-martial to the proceedings before the officer ART. 65. Any general officer commanding an army, manding, &e, or colonel commanding a separate department, may ap- neral courtspoint general courts-martial, whenever necessary. no sentence of a court-martial shall be carried into exe- be carried into cution until after the whole proceedings shall have been execution until laid before the officer ordering the same, or the officer have been laid commanding the troops for the time being; neither shall any sentence of a general court-martial, in time peace, extending to the loss of life, or the dismission of commissioned officer, or which shall, either in time peace or war, respect a general officer, be carried into peace or war, re execution, until after the whole proceedings shall have officer, to be carbeen transmitted to the secretary of war, to be laid be ordering it, &c. general court a martial, in time No sentence of a of of of peace, extending to loss of life, &c. or which, in spects a general ried into execu tion until the been laid before the president, fore the president of the United States, for his confirmaproceedings have tion or disapproval, and orders, in the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer, for the time being, as the case may be. &c. Officers commanding regi ments or corps, may appoint courts.martial, not capital. ART. 66. Every officer commanding a regiment or corps, may appoint, for his own regiment or corps, courts-martial, to consist of three commissioned officers, &c. for offences for the trial and punishment of offences not capital, and decide upon their sentences. For the same purpose, all officers commanding any of the garrisons, forts, barracks, or other places, where the troops consist of difmale courts ferent corps, may sssemble courts-martial, to consist of three commissioned officers, and decide upon their sentences. Officers com manding garri. sons, &c. may martial,&c. No garrison or martial empow ART. 67. No garrison or regimental court-martial regimental court shall have the power to try capital cases, or commisered to try capi- sioned officers; neither shall they inflict a fine exceeding one month's pay, nor imprison nor put to hard labor, any non-commissioned officer or soldier, for a longer time than one month. tal cases, &c. Whenever convenient, &c. the ART. 68. Whenever it may be found convenient and officers of ma- necessary to the public service, the officers of the marines shall be as rines shall be associated with the officers of the land cers of the land forces, for the purpose of holding courts-martial and sociated with offi force, for hold ing courts-martial, &c. The judge advo cate, &c. to pro name of the U. counsel for the trying offenders belonging to either; and in such cases the orders of the senior officer of either corps, who may be present and duly authorized, shall be received and obeyed. ART. 69. The judge advocate, or some person desecute in the puted by him, or by the general, or officer commanding States, but shall the army, detachment, or garrison, shall prosecute in consider himself the name of the United States, but shall so far consider prisoner, so far, himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the witnesses, or any ques tion to the prisoner, the answer to which might tend to The judge advo- criminate himself; and administer, to each member of the court, before they proceed upon any trial, the folthe court, &c.lowing oath, which shall also be taken by all members of the regimental and garrison courts-martial: cate to adminis ter an oath to each member of Form of the oath. “You, A B, do swear that you will well and truly try and determine, according to evidence, the matter now before you, between the United States of America anu the prisoner to be tried; and that you will auty aumanister justice, according to the provisions of An aci establishing rules and articles for the government of the armies of the United States,' without partiality, favor, or affection: the court to ad And as soon as the said oath shall have been adminis- The president of tered to the respective members, the president of the minister an oath court shall administer to the judge advocate, or person vocate. officiating as such, an oath in the following words: to the judge ad Form of the oa.h. “You, A B, do swear, that you will not disclose or discover the vote or opinion of any particular member of the judge advocate's court-martial, unless required to give evidence thereof as a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God." from obstinacy. &c. the court ART. 70. When a prisoner arraigned before a gene- When a prisoner, ral court-martial shall, from obstinacy and deliberate &c. stands mute, design, stand mute, or answer foreign to the purpose, may proceed to the court may proceed to trial and judgment as if the trial, &c. prisoner had regularly pleaded not guilty. When a member is challenged by Taust state the ART. 71. When a member shall be challenged by a prisoner, he must state his cause of challenge, of which a prisoner he the court shall, after due deliberation, determine the re- cause, &c. levancy or validity, and decide accordingly; and no challenge to more than one member at a time shall be received by the court. Members to be have with decen youngest in commissions to vote first. ART. 72. All the members of a court-martial are to behave with decency and calmness; and, in giving their 5 and the votes, are to begin with the youngest in commission. ART. 73. All persons who give evidence before a court-martial, are to be examined on oath or affirma- Witnesses to tion, in the following form: be examined on oath. "You swear, or affirm, (as the case may be) the evi- Form of the oath dence you shall give in the cause now in hearing, shall be of a witness. the truth, the whole truth, and nothing but the truth. help you God." So tal, &c. deposi tons may be ta ART. 74. On the trials of cases not capital, before In cases not capie courts-martial, the deposition of witnesses, not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence: Provided," the ken, and read, e provided, the prosenter and accused are present, &c. No officer to be tried but by a general court martial, &c. prosecutor and the person accused are present at the taking the same, or are duly notified thereof. ART. 75. No officer shall be tried but by a general court-martial, nor by officers of an inferior rank, if it can be avoided: nor shall any proceedings or trials be No proceedings carried on excepting between the hours of eight in the except between morning, and three in the afternoon, excepting in cases unless, &c. which, in the opinion of the officer appointing the courtmartial, require immediate example. eight and three, menacing words ART 76. No person whatsoever shall use any meNo person to use nacing words, signs, or gestures, in presence of a courtor gestures, &c. martial, or shall cause any disorder or riot, or disturb their proceedings, on the penalty of being punished, at the discretion of the said court-martial. in presence of a court martial, &c. When an officer crime, he is to be ART. 77. Whenever any officer shall be charged with is charged with a a crime, he shall be arrested and confined in his bararrested, deprive racks, quarters, or tent, and deprived of his sword, by ed of his sword, the commanding officer. And any officer who shall leave his confinement, before he shall be set at liberty by his commanding officer, or by a superior officer, shall be cashiered. &c. Non-commission ART. 78. Non-commissioned officers and soldiers, ed officers and charged with crimes, shall be confined, until tried by a with crimes to be court-martial, or released by proper authority. soldiers charged confined until tried, &c. ART. 79. No officer or soldier who shall be put in arOfficers and sol rest, shall continue in confinement more than eight not to continue days, or until such time as a court-martial can be assemmore than eight bled. diers in arrest in confinement days, &c. manding a guard ART. 80. No officer commanding a guard, or provost No officer com- marshal, shall refuse to receive or keep any prisoner &c. to refuse to committed to his charge, by an officer belonging to the receive a pri soner, provided, forces of the United States; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. &c. No officer com. manding a guard &c. to release any person committed to his charge, &c. prisoners are ART. 81. No officer commanding a guard, or provost marshal, shall presume to release any person committed to his charge, without proper authority for so doing, nor shall he suffer any person to escape, on the penalty of being punished for it by the sentence of a courtmartial. ART. 82. Every officer or provost marshal, to whose Officers to whom charge prisoners shall be committed, shall, within twencommitted, to ty-four hours after such commitment, or as soon as he within 24 hours, shall be relieved from his guard, make report in of their names, writing, to the commanding officer, of their names, their crimes, and the names of the officers who com make report, &c., crimes, &c. mitted them, on the penalty of being punished for disobedience or neglect, at the discretion of a court-martial. to ficers convicted, officer, &c. to be In cases where a court martial sus pends an officer they are empowered to suspend his pay and from command, ART. 83. Any commissioned officer, convicted before Commissioned of a general court-martial, of conduct unbecoming an offi- &c. of conduct cer and a gentleman, shall be dismissed the service. unbecoming an ART. 84. In cases where a court-martial may think dismissed, &c. it proper to sentence a commissioned officer to be suspended from command, they shall have power also suspend his pay and emoluments for the same time, according to the nature and heinousness of the offence. ART. 85. In all cases where a commissioned officer is emoluments, &c. cashiered for cowardice or fraud, it shall be added, in missioned officer the sentence, that the crime, name, and place of abode cowardice or and punishment, of the delinquent, be published in the fraud, the crime, newspapers in and about the camp, and of the particular delinquent, to be state from which the offender came, or where he usually newspapers, &c, resides, after which it shall be deemed scandalous for an officer to associate with him. Where a com is cashiered for name, &c. of the published, in the ber of officers is form a general court martial, the commanding offi. cer of the detach ART. 86. The commanding officer of any post or de- Where the num tachment, in which there shall not be a number of offi- not adequate to cers adequate to form a general court-martial, shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, who ment, &c, to re shall order a court to be assembled at the nearest post manding officer of the departor detachment, and the party accused, with necessary ment, &c. witnesses, to be transported to the place where the said court shall be assembled. port to the com sentenced to concurrence of neral court mar ART. 87.* No person shall be sentenced to suffer No person to be death, but by the concurrence of two thirds of the mem death, but by the bers of a general court-martial, nor except in the cases two thirds of the herein expressly mentioned; nor shall more than fifty members of a ge lashes be inflicted on any offender, at the discretion of a tial, &e nor court-martial; and no officer, non-commissioned officer, lashes to be insoldier, or follower of the army, shall be tried a second time for the same offence. more than fifty flicted. No person liable general court offence commit ART. 88. No person shall be liable to be tried and to be tried and punished by a general court-martial for any offence punished by a which shall appear to have been committed more than martial for any two years before the issuing of the order for such trial, ted more than unless the person, by reason of having absented himself, unless, &c. or some other manifest impediment, shall not have been amenable to justice within that period. two years before, ART. 89. Every officer authorized to order a general Every officer aucourt-martial, shall have power to pardon or mitigate a general court *So much of these rules and articles as authorises the infliction of corporeal punishment by stripes or lashes, is specially repealed by act of 16th May, 1812. See chapter 70, section 7. thorized to order |